Sandvik Mining and Construction Australia

[2014] FWCA 6905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sandvik Mining and Construction Australia
(AG2014/8949)

SANDVIK - OLYMPIC DAM MINE CPM SITE ENTERPRISE AGREEMENT - 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2014

Application for approval of the Sandvik - Olympic Dam Mine CPM Site Enterprise Agreement - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik - Olympic Dam Mine CPM Site Enterprise Agreement - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sandvik Mining and Construction Australia. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. We accept that s.196 of the Fair Work Act 2009 and clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010 will apply for employees regularly rostered to work over seven days of the week.

2. For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sandvik Mining and Construction Australia was involved in a dispute regarding the approval of the Sandvik – Olympic Dam Mine CPM Site Enterprise Agreement 2014. The dispute involved the negotiation and subsequent application for approval of the enterprise agreement by the company. The parties to the agreement were Sandvik Mining and Construction Australia and the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues centred on whether the agreement complied with the various statutory requirements outlined in the Fair Work Act 2009. This included an assessment of whether the agreement was negotiated in good faith, covered all the relevant employees, and included the necessary minimum terms and conditions. The Commission also considered whether the agreement was free from any unfair content, as per the statutory definition. Another key issue was the adequacy of the consultation process between the parties and whether the agreement was appropriately certified by the Independent Bargaining Representative.

The Commission examined the evidence and submissions from both parties, considering the negotiation process and the content of the agreement. It was determined that the agreement was negotiated in good faith, and that it covered all relevant employees. The Commission found that the agreement did not include any unfair content and was free from prohibited terms. Additionally, the consultation process was deemed adequate, and the agreement was appropriately certified. Based on these findings, the Commission approved the Sandvik – Olympic Dam Mine CPM Site Enterprise Agreement 2014. The agreement was certified as meeting the legal requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established